16_1679_J_A_Rev_5_Redact_Draft_Redacted.pdf

NCH 53.6-2 (MAR 2013)

DEPARTMENT OF THE NAVY

N A V AL U N D E R S E A W A R F A R E C E N T E R D I V I S I O N

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I N R E P L Y R E F E R T O :

J&A Number: 16021.0 Control #: 161679

PR Number: 1300557047

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Undersea Warfare Center Division, Code 02, Newport, RI.

2. Description of the Action Being Approved

Request approval to specify brand name products with no substitutions allowed for Crystal Servers (Model CMS-00290) to support the Global Command and Control System – Maritime (GCCS-M) laboratory infrastructure, for NUWCDIVNPT Code 2542, on a Firm Fixed Price basis in accordance with FAR Subpart

13.5 “Simplified Procedures for Certain Commercial Items” basis.

3. Description of Supplies/Services

Estimated Dollar Value

O&MN

The GCCS-M team in Code 2542 has an immediate requirement to procure ten (10) Crystal Servers, Model CMS-00290, in support of GCCS-M software development, testing, fielding, and system sustainment for U.S. Navy submarines.

The Government’s minimum needs are verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open

Competition

The proposed action may specify brand name components using the procedures in FAR Subpart 13.5 and in accordance with 10 U.S.C. 2304 (g) and 41 U.S.C. 1901.

5. Rationale Justifying Use of Cited Statutory Authority

The Crystal Server, Model CMS-00290, is a GCCS-M Program of Record (PoR) hardware asset that is required for production, test, and evaluation of fleet tailored GCCS-M software. The Crystal High Performance Workstations being procured are commercial items and must be identical to the models used in the shipboard systems in order to support building software packages that are delivered to shipboard systems. Crystal Server, Model CMS-00290, is tested and approved by the Space and Naval Warfare Systems Command (SPAWAR), the PMW-160 Sponsor for the Submarine Local Area Network/Consolidated Afloat Networks and Enterprise Services (SubLAN/CANES) program which is the network that GCCS-M resides on in the fleet. GCCS-M fleet tailored software is built on these assets then delivered to submarines that have the exact same make and model servers onboard. If the software is built on different hardware in the laboratory there is high potential for failure in the fleet which will leave those submarines with either degraded or no GCCS-M capabilities.

6. Description of Efforts Made to Solicit Offers from as Many

Offerors as Practicable

GCCS-M program personnel in Code 2542 contacted several potential sources and received pricing information for the required servers from three (3) small business resellers.

The Contract Negotiator conducted further market research on GSA Advantage and found that the Crystal Servers, Model CMS- 00290, are only available on the open market.

Based on the market research conducted, this brand name requirement will be synopsized/solicited on the Federal Business Opportunities (FEDBIZOPS) website and all authorized small business resellers of the specified brand name component will be considered for award. A copy of this J&A will be included with the synopsis/solicitation and any challenges to the specified brand name will be brought to the attention of the Competition Advocate prior to contract award.

7. Determination of Fair and Reasonable Costs

The Contracting Officer anticipates that the cost to the Government for the supplies covered by this J&A will be fair and reasonable based on adequate price competition among multiple authorized resellers of this brand name component.

This determination will be documented in a Price Justification memorandum which will be included in the contract file.

8. Actions to Remove Barriers to Competition

The specifications of this PoR asset, Crystal Server Model CMS-00290, do not allow for substitution of another manufacturer’s products. Therefore, in the event that a future acquisition of these brand name supplies is required, the procurement will again be competed to the maximum extent practicable amongst authorized resellers.

CERTIFICATIONS AND APPROVAL

CONTRACTING NEGOTIATOR IDENTIFICATION:

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature and Date

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. N/A , except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR Subpart 13.5 and in accordance with 41 U.S.C. 1901.

Estimated Dollar Value